HomeMy WebLinkAboutSR_CC_Homesteads (2)CASE NO(s): PUD24-000003 Project Name: Homesteads at Wilson Creek
HEARING EXAMINER RECOMMENDATIONS:
HEARING EXAMINER : The Caldwell Hearing Examiner, recommended approval of the request for a Planned
Unit Development.
STAFF FINDINGS: Staff finds the project IS compliant with all applicable city codes, regulations, and policies.
Staff notes special areas of concern within Section I. Findings of Facts, #21. Staff recommends if approved, the
approvals be subject to the conditions listed in the Findings of Fact, Conclusion of Law, and Decision herein.
PROPOSED LAND USE REQUESTS:
Proposed Land Use Applications):
• A Planned Unit Development for a residential
development of mixed housing types, consisting of
14 4 single family, 114 119 duplexes, and 3 tri-
plexes, totaling in 251 units.
Applicant: R3582900000 and R3582500000
Property Owner: Caldwell
Parcel ID Number(s): R3582900000 and
R3582500000
School District: Caldwell
DECISION BODY – REQUIRED FINDINGS & APPROVAL CRITERIA
Before the council approves any application, the council must find and conclude the proposed applications are compliant with Caldwell City Code approval criteria as listed within I. Findings of Facts, under 23. PUBLIC HEARING.
Caldwell Planning & Zoning Department STAFF REPORT / FINDINGS
Public Hearing Item | City Council | 10/7/2024
Staff Planner: Katie Wright
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BEFORE THE CALDWELL CITY COUNCIL
CITY OF CALDWELL, CANYON COUNTY, IDAHO
IN THE MATTER OF APPLICATION FOR A PLANNED
UNIT DEVELOPMENT CONSISTING OF SINGLE
FAMILY, DUPLEX, AND TRIPLEX UNITS,
RESULTING IN A TOTAL OF 251 UNITS.
Property Owners: Rental Property Holdings, LLC.
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FINDINGS OF FACT,
CONCLUSIONS OF LAW
AND DECISION
Case No. PUD24-000003
I. FINDINGS OF FACTS
1. APPLICANT: Bonnie Layton, NV5
2. PROPERTY
OWNER:
Rental Property Holdings LLC
3. APPLICATION
REQUEST:
Application for a multi-family Planned Unit Development, consisting of single family,
duplex and tri-plex style units, resulting in a total of 251 units.
4. SITE ADDRESS AND LOCATION: The subject site is located approximately 620 feet west of the Ustick Rd. and Lake Ave.
intersection, on the north side of Ustick, with a property address of 3307 E USTICK RD
and 0 E USTICK RD, described as a portion of 35-4N-3W SE TX 21373 IN E1/2 SE
and 35-4N-3W SE TX 21372 IN SESE T74662.
5. ASSESSOR PARCEL NUMBER(S):
R3582900000 and R3582500000
6. PROPERTY SIZE: Approximately 28.06 acres, more or less
7. JURISDICTION: The property is currently located in the City of Caldwell.
8. PUBLIC NOTICING: The following noticing was completed in accordance with Caldwell City Code Section
10-03-12:
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Neighborhood Meeting Held 2/21/2024
Public Agency Notification Sent (See attached exhibit for list of agencies notified) 4/29/2024
(500’) Radius Notices Mailed - Hearing Examiner Hearing (Min. 15 days prior to hearing)
8/7/2024
Legal Ad Published - Hearing Examiner Hearing
(Min. 15 days prior to hearing) 8/10/2024
Physical Site Posted - Hearing Examiner Hearing (Min. 10 days prior to hearing) 8/12/2024
Applicant Proof of Posting Received - Hearing Examiner Hearing 8/16/2024
Hearing ExaminerPublic Hearing 8/27/2024
Public Agency Notification Sent (See attached exhibit for list of agencies notified) 8/14/2024
(500’) Radius Notices Mailed – City Council (Min. 15 days prior to hearing) 9/17/2024
Legal Ad Published – City Council (Min. 15 days prior to hearing) 9/20/2024
Physical Site Posted – City Council (Min. 10 days prior to hearing) 9/22/2024
Applicant Proof of Posting Received – City Council 9/25/2024
City Council Public Hearing 10/7/2024
Staff Comments: There was a site posting located within the Right-of-way along 41st
Ave. and Everett St., with approval from City Staff.
9. AGENCY COMMENTS: In accordance with Idaho Code, notice was provided to all political subdivisions
providing services within the planning jurisdiction, including school districts. Public
agency comments were received from the following agencies and are included in their
entirety as part of the official record and the exhibits attached hereto.
a. City of Caldwell Engineering Department – Provided general conditions for
approval. See Exhibit 2.
b. City of Caldwell Fire Department – Provided general conditions for approval.
See Exhibit 2.
c. City of Caldwell Mapping Department – Provided general conditions for
approval. See Exhibit 2.
d. Caldwell School District – Provided overall support, with a few things they
request be considered, such as bike/walking routes and bus stop plans. See
Exhibit 3.
e. Pioneer Irrigation District – Provided comments after a condition was added by
the Hearing Examiner to verify that the PID had no issue with the proposed
crossings.
10. PUBLIC COMMENTS: Public comments were received from the following and are included in their entirety as
part of the official record and the exhibits attached hereto.
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a. A letter was received on July 17th, 2024 from David and Patricia Henderson in
opposition.
b. A second letter was received on August 19th, 2024 from David and Patricia
Henderson in opposition.
c. Public testimony given at the public hearing will be included in the official
minutes of the record.
11. SITE/PROJECT BACKGROUND AND HISTORY:
The subject sites were previously approved for Silver Meadows Planned Unit
Development with a preliminary plat (PUD22-000009/SUB22-000037). Silver Meadows
consisted of 120 multi-family units, 61 townhomes, and 70 single family homes for a total
of 251 units. There was also a commercial clubhouse for rent on site. The total density
was 9.20du/acre.
The property is under contract with a new owner/developer, who is desiring the change
in entitlements.
12. SITE FEATURES: Floodplain: The property is not within a flood zone.
Mature Trees: Applicant claims all trees on site are in poor health and will not
be mitigated.
Streams /Creeks: None
Wildlife Habitat: Wilson Creek
Riparian Habitat Area: Wilson Creek
Steep Slopes / Hillside: None
Canals / Ditches / Drains: Wilson Creek
Other, Describe: n/a
13. APPLICABLE REGULATIONS AND GUIDING DOCUMENTS:
a. City of Caldwell Zoning Ordinance No. 1451, as amended
b. City of Caldwell Subdivision Ordinance, as amended
c. City of Caldwell Comprehensive Plan, as amended
d. Treasure Valley Tree Selection Guide
e. Bicycle and Pedestrian Master Plan
f. City of Caldwell Transportation Master Plan g. Idaho Code
14. SURROUNDING ZONING DISTRICT DESIGNATIONS:
Site:
North: R-2 (Medium Density Residential) - City
South: C-3 (Service Commercial) - City
East: R-2 (Medium Density Residential) – City
C-1 (Neighborhood Commercial) - City
West: C-3 (Service Commercial) – City
C-2 (Community Commercial) – City
Agriculural - County
15. Site: Single Family, farmland
North: Auto repair
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SURROUNDING EXISTING LAND USES:
South: Single Family (Solstice), Farmland
East: Hair Salon
West: Church
16. SURROUNDING COMPREHENSIVE
PLAN MAP DESIGNATIONS:
Site: Medium Density Residential
North: Commercial Service
South: Medium Density Residential
East: Commercial Service
West: Medium Density Residential
17. POLITICAL SUBDIVISIONS PROVIDING SERVICES:
Fire: Caldwell Fire
Police: Caldwell Police
School
District:
Caldwell
Water
Services:
City of Caldwell (Municpal Water)
Sewer: City of Caldwell (Municipal Sewer)
Trash: Republic Services
Irrigation
Services:
City of Caldwell (Pressurized Irrigation)
Irrigation
District:
Pioneer Irrigation District
Others: n/a
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18. STAFF REVIEW AND ANALYSIS – COMPREHENSIVE PLAN MAP AMENDMENT
Map Exhibit (Above): City of Caldwell Comprehensive Plan Map
Residential Estates Traditional Neighborhood Low Density Residential Highway Corridor Medium Density Residential Manufacturing & Production
High Density Residential Industrial City Center / Downtown Rail Facilities Institutional Public Business Environmentally Sensitive Commercial & Service Open Space
CCC 10-03-03 and 2040 Comprehensive Plan Analysis: The Comprehensive Plan Land Use Map depicts the subject site as medium density residential and the surrounding area as designated Commercial Service to the North and East, and Medium Density Residential to
the West and South. The creek is designated Environmentally Sensitive.
Medium Density Residential land use designation includes land that is suitable for infill development or a transitional district to include a mixture of dwelling choices (attached and detached), churches, schools, group day care facilities, public facilities and limited neighborhood commercial uses. The residential density range shall not exceed four (4) dwelling units per gross acre for a single-family residential subdivision and shall not exceed twelve (12) units per gross acre for a mixed use (planned unit development) site.
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The applicant is proposing a residential density of 8.94 dwelling units per gross acre, where the allowed density is twelve (12) units per gross acre.
Staff Comment: Staff finds the overall proposed development plan is generally consistent with the following
goals and policies from the adopted Comprehensive Plan based on the known factors at the time of publication of
this staff report:
COMPREHENSIVE PLAN - LAND USE CHAPTER: Goal 1: Establish land-use management policies that protect property rights and the environment, maintain a high quality of life, provide adequate land for all types of development, and adequately buffer non-compatible uses.
Policy 1-1: Guide the growth and development of land uses in such a way that the health, safety, and general welfare of residents will be protected.
Policy 1-3: Utilize the planned unit development (PUD) process in situations that qualify under code.
Policy 1-4: Encourage planned unit developments (PUD) in areas that qualify for infill development
Goal 2: Create a strong sense of community and place through the development of mixed use neighborhoods. Policy 2-4: Allow for higher density development as a means to support public transportation.
Goal 3: Create communities that are more livable, affordable, connectable and sustainable.
Policy 3-2: Maximize the use of land by encouraging high-density residential development in areas that
have adequate services that can act as a buffer between less dense residential and commercial
uses, and support public transit.
Staff Comment: Staff finds that due to this project being considered infill, it will provide a transition between
the surrounding single family developments, farmland, and the future designated land of Commercial Service.
The medium density residential product is being proposed in an area where services are available and support
public transportation.
COMPREHENSIVE PLAN – SMART GROWTH PRINCIPLES:
In addition to being generally consistent with several goals and policies within the comprehensive plan, the
proposed project is also consistent with the following “Smart Growth” principles recognized by the adopted
comprehensive plan:
• The proposed development plan creates a range of housing opportunities and choices.
• The proposed development plan provides connectivity to adjacent parcels and land uses.
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19. STAFF REVIEW AND ANALYSIS – ZONING MAP AMENDMENT
Map Exhibit (Above): City of Caldwell Zoning Map
Semi-Rural Residential-1 Neighborhood Commercial Industrial Park
Semi-Rural Residential-2 Community Commercial Light Industrial
Low Density Residential Service Commercial Heavy Industrial
Medium Density Residential Interchange/FW Commercial Airport District
High Density Residential Central Business District Highway Corridor
Hospital District College District Traditional Neighborhood
CCC 10-03-03 Zoning Map Amendment Analysis:
The current zone of R-2 (Medium Density Residential) is in compliance with the comprehensive plan designation
of MDR (Medium Density Residential).
According to Caldwell City Code, the purpose of the medium density residential zone is to provide areas by
zoning procedures in accordance with the comprehensive plan that provide medium density residential
development areas at a density consistent with the comprehensive plan. Such zones are primarily located in older
neighborhoods and adjacent to shopping, recreational, or cultural facilities. Such zones should be placed in areas
that have a full range of urban services available or projected to be established.
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Staff Comment: The applicant is proposing a medium density multi-plex development. Single family and
duplexes are allowed land uses within the medium-density residential zone and the tri-plexes are permitted with a
special use permit, which is allowed as long as it remains under 30%, due to this being a Planned Unit
Development. The tri-plex use is limited to approximately 5% of the development and therefore conforms to code.
20. STAFF REVIEW AND ANALYSIS – PRELIMINARY PLAT AND DEVELOPMENT PLAN CCC 10-02-02 and 10-03-11 Land Use:
The project proposes one hundred and fourteen nineteen (114 119) duplex buildings, three (3) tri-plex buildings,
and fourteen four (14 4) single family homes, totaling 251 units, which is the same number of units that was
originally approved for Silver Meadows (PUD22-000009/SUB22-000037). Single family and duplex uses are
directly permitted in the R-2 zone, and triplexes are permitted with a special use permit. Due to Code 10-03-07,
30% specially or non-permitted uses are allowed within a Planned Unit Development. The applicant is proposing
to utilize this for the tri-plexes, as this is the only use not directly permitted on this site, staying well below the
30% maximum requirement.
Detailed Breakdown of Phasing and Types of Land Uses:
Phased Development? ☐ Yes ☒ No How Many Phases? 1
Residential Type # of Lots # of Buildings # of Dwelling Units Single-Family Detached n/a 14 4 14 4
Townhomes n/a n/a n/a
Duplex n/a 114 119 228 238
Triplex n/a 3 9
Common Lots 0 n/a n/a
Non-Residential Type # of Lots # of Buildings # of Tenant Spaces Commercial n/a n/a n/a Industrial n/a n/a n/a
Staff Comments: This development will be on a single lot, no further breakdown for lot numbers per land use is applicable. The underlined show the updated numbers as the applicant presented and approved at City Council on 10/07/2024. See the Housing Exhibit (Exhibit 1) for approved site plan showing unit distribution.
CCC 10-02-03 Bulk Requirements and Dimensional Standards: The Caldwell City Code provides bulk zoning standards for regulating the size, height, and setback requirements
for buildings and structures within a particular zoning district; and standards for lot dimensions and spatial
arrangements.
The following are the required bulk requirements and dimensional standards for the R-2 zone in accordance with
Caldwell City Code, and the dimensions proposed by the subject development:
Lot Area Required Proposed
Lot Area Minimum; Interior Lot (Sq. Ft.) 6000sqft 28.06 acres
Lot Area Minimum; Corner Lot (Sq. Ft.) 7,500sqft n/a
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Interior Lot Width (Ft.) 45’ 718’
Corner Lot Width (Ft.) n/a n/a
Lot Depth (Ft.) n/a n/a
Setbacks, Minimum and Maximum Required Proposed
Front Yard Setback (Ft.) (Minimum) 20’ >20’
Interior Side Yard Setback (Ft.) (Minimum) 6’ >6’
Street Side Yard Setback (Ft.) (Minimum) n/a n/a
Rear Yard Setback (Ft.) (Minimum) 15’ >15’
Lot Coverage, Building Height, and Density Required Proposed
Maximum Lot Coverage in % n/a n/a
*Maximum Building Height (Ft.) 35’ <29’
Residential Density Range in Gross units /acre 12du/acre 8.94
*Regardless of the zoning district, if a new structure is being built immediately adjacent to a single-family dwelling or a duplex, the maximum height of the new structure shall be 25 feet unless allowed to exceed such maximum height by special use permit approval.
Staff Comments: This development is proposing no higher than 25’ along the western boundary where there are single family homes. The other homes along the western boundary are not immediately adjacent to single family
homes.
The setbacks are all well exceeding the minimum required, with a variety of landscape buffering, parking isles,
parking spaces, and other amenities.
CCC 10-02-05 Parking, Loading and Pedestrian Amenity Standards:
The Caldwell City Code has provisions addressing the minimum and maximum number of off-street parking spaces
accessory to designated uses, shared parking lots, off-street loading, parking lot lighting, electric vehicle parking,
and bicycle parking.
The following provides an overview of the parking, loading and pedestrian amenity requirements for the
proposed land uses, and the amount proposed by the subject development:
SINGLE FAMILY / TWO FAMILY DWELLINGS
Off-Street Parking Spaces Required Proposed Off-Street Parking Spaces (Minimum) 2.0 per DU 2 per DU Off-Street Parking Spaces (Maximum) 3.0 per DU PUD Additional Parking
1 Space for every 4 lots less than 45’ wide n/a
ADA Accessible parking Spaces Required
ADA Accessible Parking Spaces (Minimum) Shall meet state and federal requirements
Staff Comments: The project was reviewed for compliance with all parking requirements and was determined to
be in compliance with city zoning ordinances.
Public Services, Utilities, and Facilities:
Sewer: The applicant is proposing an 18” sewer main line that will run from Ustick Rd., tying into the
existing main line in S. 41st Avenue.
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Water: Water will be brought from Powell Estates No. 2, where there is an existing 8” line. Water will
also cross Wilson Creek Drain from 41st Avenue, as well as planning to tie into a line on Ustick.
Irrigation Applicant is required to provide pressurized irrigation throughout the project in accordance with
Caldwell City Code. The subject site is located within the Pioneer Irrigation District boundary.
Any issues related to access to a pressurized irrigation system will be addressed in the Engineering
Department memo.
Stormwater: The applicant proposes retaining storm water on site, per City Code.
Schools: The subject site is located within the Caldwell School District.
Police: Emergency police services are provided by the City of Caldwell Police. The nearest police station
is approximately 2.6 miles away from the furthest point of the development.
Fire: Emergency fire services are provided by the City of Caldwell Fire. The nearest fire station is
Station #2 and is approximately 1.6 miles from the development.
Staff Comments: Adequate facilities are or will be provided to serve the site and any proposed or future
associated land uses. Utilities are required to be designed and constructed in accordance with the City of
Caldwell requirements for municipal facilities. At this time, Staff finds that all services are or will be available to
the site whether that is through capital improvements or at the behest of the Applicant.
Transportation and Connectivity:
Street Frontage: The development has frontage along Ustick Road. The subdivision has
approximately 710’ mile frontage All street frontages will be improved with curb,
gutter, sidewalk, and landscaping.
Street Classifications: Ustick Road – Arterial
Proposed Site Access: The development is proposing to build full access point to Ustick Road, which
will eventually be required to become a RIRO. There will be emergency access to
the north, where a bridge crossing will connect to 41st Avenue.
Traffic Impact Study (TIS): A TIS was required for the Silver Meadows Planned Unit Development proposed
for this site and due to the subtle use changes, City of Caldwell Engineering
Department has acknowledged the original TIS from October 2021 by CR
Engineering, Inc. is sufficient with the inclusion of an updated statement
addressing the trips generated from the updated uses.
The following are some basic data points from the TIS that considered residential
and commercial uses:
Traffic Impact Study - Project Build-Out Trip Generation
Daily Trips: 1,884
AM Peak Hour Trips: 127
PM Peak Hour Trips: 149 Traffic Impact Study - Project Build-Out Total Traffic Conditions Intersections Ustick Road – stop controlled RIRO intersection with a west bound right turn lane
Other Necessary Improvements: None noted within the traffic impact study.
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Staff Comments: As submitted, the proposed access points appear to be compliant with all city code
requirements for transportation, access, and connectivity. In addition, the project will need to comply with all
mitigation recommendations as specified within the traffic impact study unless otherwise noted within the City of
Caldwell Engineering staff memo and conditions.
CCC Chapter 10, Article 7 Landscaping, Open Space, Pathways and Amenities:
The Caldwell City Code specifies requirements for landscape street buffers, open space, land use buffers, and private and public pathways. The following table provides an overview of the city code requirements, and the proposal presented by the subject development.
Street Landscape Buffers Min. Required Proposed
(Ustick Rd.):
Buffer Width: 25’ wide 25’ wide Detached sidewalk: 8’ wide 8’ wide Berms: Yes Yes, conditioned to be beyond the vision triangle
Class 1 or 2 Trees (min. 2” caliper): One per 35 LF (19 trees) 17 trees, 10 conifers Shrubs: One per 7 LF (93 shrubs) 109 shrubs
Open Space: Min. Required Proposed
Qualifying Open Space (Minimum): 10% 32.8% (8.95 acres)
Buffers Between Land Uses: Min. Required Proposed 10’ to the west 15’ to the west
Parking Lot Landscaping: Min. Required Proposed
Parking Islands: Every 12 spaces Complies
Planter Size: Single row of Parking: Min. 60 Sq. Ft. Complies
Planter Size: Double row of Parking: Min. 120 Sq. Ft. Complies
Class 1 or 2 Trees (min. 2” caliper): Min. of One Complies Plantings: A combination of low shrubs, lawn or other
vegetative or nonvegetative ground cover is required if wet
landscaping is utilized.
Conditioned to comply
Pathways: Required
(Public Pathways):
Irrigation/Drain Pathways: Yes Wayfinding and Directional Signage: Yes Fencing (Both Sides of Pathway): Yes
(Other Pathways):
Micro Pathways: Yes
Major Pathways: Yes
PUD Open Space and Amenities: Per CCC 10-03-07(4), all PUDs are required to comply with amenity and open
space standards. In general, these standards require five-foot (5’) micro-pathways, eight-foot (8’) major pathways,
minimum 10% qualified open space per 10-07-05, berms within street buffers, and at least four (4) amenities from
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the list within the noted code section. According to the submitted landscape plans, the requirements appear to be
proposed by the Applicant. Proposed Amenities: play structures, dog park, additional open space, solar panels, and
a clubhouse.
Staff Comments: Staff finds the Applicant is compliant with or exceeds the amenity quantity and the berm
requirements of the PUD code will be conditioned. Required pathways are being proposed. Otherwise, Hearing
Examiner and Council should determine if these amenities are sufficient.
Irrigation Pathways: Staff notes the 2040 Bicycle and Pedestrian Master Plan does identify a required an 8’ public
pathways along the Wilson Creek Drain within this development, which the applicant is proposing.
Staff has included a condition of approval to dedicate all of these pathways for public access. Wayfinding and
directional signage shall be installed when a public pathway is built. The Applicant shall follow the adopted
signage policy. All public pathways are also required to have fencing installed along both sides of the pathway and
shall be located as near as possible to the far edge of the required landscape areas along the waterways. Fencing
shall be open vision up to six feet (6') in height. Solid fencing may be used if it does not exceed four feet (4') in
height, which includes the height of any trellises or other open vision fencing placed on the top of a solid fence.
The applicant is requesting a reduction in landscaping from 10’ on each side to 2’ on each side, as well as waive
the requirement to have a fence on the Creek side of the pathway.
Staff Comments: The submitted landscape plans. Staff understands the lack of trees on both sides of the pathway is due to the irrigation easements and the restriction that limited to no trees are allowed within these easements. However, Commission and Council should determine if the proposed pathway and landscaping satisfy the
PUD standards to count towards the amenity requirement and the qualified open space area. Micro Pathways: The applicant is proposing five-foot (5’) wide micro pathways to provide pedestrian connectivity
between common open space areas. The pathway will have a minimum of five-foot (5’) wide landscape buffer
along both sides.
Major Pathways: The applicant is proposing the public pathway along the Wilson Creek Drain be considered their Major pathway as well. This pathway is eight-foot (8’) with reduced landscaping on either side to two-foot (2’). Fencing: 6’ open style fence is proposed along the inside of the public pathway that runs along the Wilson Creek
Drain. The public pathway code requires fencing on both sides of the pathway, yet applicant is requesting the
fencing on the creek side of the pathway be waived due to the irrigation districts interest.
The applicant is also proposing vinyl 6’ fencing enclosing each unit with “private open space”.
Screening: Any future trash enclosures will be required to be screened with landscaping/fencing in accordance with the City Code. Any ground mechanical units shall be screened with landscaping/fencing in accordance with the City Code.
PLANNED UNIT DEVELOPMENT CODE To be a Planned Unit Development, the proposed project is required to meet 2 of the 5 criteria outlined in 10-03-07(2). See the criteria met below:
1. The development offers a maximum choice of living environments by allowing a variety of housing and building types.
4. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes.
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With the Planned Unit Development code section 10-03-07(6), the applicant is permitted to request zoning code flexibility. See the requests below:
• Public pathway fencing on the internal side rather than both sides
• Public pathway landscaping to be 2’ on each side rather than 10’ on each side
• Allowance of up to 30% of specially or non-permitted uses: o tri-plex buildings in the R-2 zone (5%) Staff Comments: Staff has no concerns with the above code deviations as they are necessary to accommodate a variety of housing types, as required by the planned unit development criteria. 21. STAFF REVIEW AND ANALYSIS – AREAS OF SPECIAL CONCERN
Staff recommends that this application be subject to all conditions, as this will bring the development into
compliance with City Code.
Staff Comments: Staff has no concerns as long as appropriate changes required in the draft conditions are made
prior to City Council.
22. HEARING EXAMINER PUBLIC HEARING A public hearing on the requests was held before the Hearing Examiner on 8/27/2024, at which time city staff
presented a staff report along with an analysis of the application and all pertinent information on the case,
followed by the applicant’s presentation, and testimony in opposition, neutral, and in favor.
The Examiner reviewed and considered all records, evidence, testimony, and facts presented, prior to making a recommendation for Homesteads at Wilson Creek to be forwarded to City Council. 23. CITY COUNCIL PUBLIC HEARING A public hearing on the subject applications was held before the City Council on 10/7/2024, at which time city
staff presented a staff report along with an analysis of the application and all pertinent information on the case,
followed by the applicant’s presentation, and testimony in opposition, neutral, and in favor.
The City Council reviewed and considered all records, evidence, testimony, facts presented, and
recommendations in making their decision.
Based upon compliance with the conditions noted herein, the City Council found and concluded the following:
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Planned Unit Development
REQUIRED APPROVAL CRITERIA
Caldwell City Code Section 10-03-07: Planned Unit Developments outlines the criteria for approving a
preliminary plat. The city council, prior to approving any Planned Unit Development, shall find and conclude the requests have met the criteria identified below.
Criteria Findings and Conclusion
Compliant Not Compliant
The planned unit development process is intended to provide flexibility, latitude and relief from the provisions of the zoning ordinance only if the proposed development is consistent with two (2) or more of the following instances: 1. The development offers a maximum choice of living
environments by allowing a variety of housing and building types. 2. The development promotes mixed use projects which are
functionally integrated within the development and provides services to the primary use. 3. The development provides a layout which preserves and
properly utilizes natural topography and geologic features, trees, scenic vistas or other vegetation. 4. Where a land parcel is constrained or otherwise limited by some obstacle, feature, geometry, condition, or easement that interferes with applying standard development processes. 5. The development encourages infill development that contributes a compatible design to the existing neighborhood
X
The primary use of the planned unit development is a permitted use in the underlying zone. X
No more than thirty percent (30%) of the total net area ("net area" meaning the gross acreage less all acreage utilized for public right of way dedication and public streets) of the planned unit development is devoted to a use or uses not permitted or specially permitted in the underlying zoning classification.
X
The planned unit development shall be consistent with the density guidelines provided in the comprehensive plan. X
The development standards listed within Caldwell City Code were considered when making a decision on all planned unit development requests.
X
II. CONCLUSIONS OF LAW
1. The City of Caldwell has provided for the processing of Land Use permits authorized by Chapter 65, Title 67,
Idaho Code, pursuant to Chapter 10 Zoning Regulations and Chapter 11 Subdivision Regulations.
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2. Adequate notice of the public hearing was provided, pursuant to Section 67-6512, Idaho Code and Chapter 10,
Article 3, Section 10-03-12 of Caldwell City Code.
3. The record includes, but is not limited to all files, application documents, public notices, public comments and
testimony, staff reports and memos, presented evidence and exhibits, public hearing written minutes and audio, and
the signed Findings of Facts, Conclusions of Law, and Decision.
4. The Planning and Zoning Commission and Hearing Examiner are authorized to recommend approval, recommend
approval with conditions, recommend approval with modifications, or recommend denial of specific land use
applications in accordance with Section 10-01-02 (3) of Caldwell City Code.
5. The Planning and Zoning Commission and Hearing Examiner are authorized to approve, approve with conditions,
approve with modifications, or deny special use permits and planned unit development requests, when said
planned unit development requests are not part of a preliminary plat, in accordance with Section 10-01-02(3) of
Caldwell City Code.
6. The City Council reviewed and considered all records, evidence, testimony, facts presented, applicable code
standards, the Caldwell Comprehensive Plan, and approval criteria as specified within Caldwell City Code in
making their findings and decision.
III. DECISION Approval Decision Language
THEREFORE, the Caldwell City Council, hereby approves of the request for a Planned Unit Development.
CONDITIONS OF APPROVAL
NOTE: Any conditions removed by the governing body will be shown in strikethrough. Any conditions added by the governing body will be shown underlined
A. Site Specific Requirements:
1. At time of Construction Drawings, the applicant shall include a note and details specifying guardrails along the
bridge leading to 41st Ave.
2. At the time of final landscaping inspection, wayfinding and directional signage, compliant with MUTCD
requirements, shall be installed along the public pathway along the Wilson Creek Drain, as well as all required
landscaping, as required by Caldwell City Code and the 2040 Bike and Pedestrian Plan. If the irrigation district
will not allow certain plantings, a letter from the district will be required and all plantings shall be relocated to
another location within the development.
3. Prior to building permit issuance, the applicant shall record a public access easement over the public pathway
along the Wilson Creek Drain.
4. Prior to approval of Construction Drawing, parcels R3582900000 & R3582500000 shall be consolidated
through a Lot Line Adjustment application.
5. All buildings shall be sprinklered.
6. At time of final landscape inspection, adequate tree and shrub counts along the Major and Micro Pathways shall
be installed.
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7. At the time of the final landscape inspection, parking lot island groundcover material shall comply with City of
Caldwell Code Section 10-07-09.
8. All berming on street landscape buffers shall be outside of the vision triangle.
9. This application does not grant approval of signage.
10. At time of final landscape inspection, the applicant shall provide a covered bus stop for the Caldwell School
District, on the south side of the Wilson Creek Drain, to service the bus stop along 41st Ave. and Everett St.
11. At time of final landscape inspection, all amenities as called out on the approved landscape plan and within the
staff report shall be installed.
12. The applicant shall be responsible for frontage improvements along outparcel R3582600000 (as mentioned in
the Engineering Memo, see Exhibit 2), so long as these improvements are within the Right-of-Way, and they
are deemed reasonable by the City.
B. General Requirements:
1. Development of the subject property shall be in conformance with all municipal codes, policies, standards, and
regulations of the City of Caldwell, unless specifically stated otherwise in a Development Agreement or in the
Order of Decision. NOTE: Failure to identify a code violation during the review of the plans DOES NOT
give the applicant the right or permission to violate any codes, policies, standards and/or regulations.
2. If any term or provision of this decision, to any extent, is held invalid or unenforceable, the remaining terms
and provisions hereof shall not be affected thereby, but each such remaining term and provision shall be valid
and enforced to the fullest extent permitted by law.
3. Any nuisances existing on the property (weeds, trash, debris, etc) shall be resolved and in compliance with city
codes prior to the approval of any construction drawings and/or issuance of building permits.
4. Any changes to the plans and specifications upon which this approval is based, other than those required by the
above conditions, will require submittal of an application for modification and approval of that application prior
to commencing any change.
5. All improvements and operations shall comply with applicable local, state and federal requirements and
procedures whether specifically addressed in the analysis of this application or not.
6. Fencing: Fencing must comply with Caldwell City Code Section 10-02-07.
7. Approval: This approval is for the application(s) specified herein only. Additional permits, licenses and
approvals may be necessary.
8. Solid Waste Disposal: All solid waste receptacles utilized during development and/or construction shall be
provided by the same company with which the City of Caldwell has an exclusive contract.
9. Business Licensing: All businesses operating within the corporate limits of the city shall obtain a business
permit license prior to commencing business operations.
C. Site Design and Development Standards:
1. General: All new construction shall comply with the current height, setback, and area schedule in effect at the
time the building permit is filed, excluding setbacks, height, and/or area schedule requirements approved
through a planned unit development, special use permit and/or development agreement.
2. Concept Site Plan: The concept site plan (Exhibit 1) represents the Owner’s current concept for completion of
the Project. As the site layout evolves, the city understands and agrees that certain changes in that concept may
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occur or be required. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any proposed
changes in the Concept Plan and notice shall be provided as may be required by the City. The Owner
understands and agrees that any changes or modifications to the site plan must be submitted to the City for
review and approval prior to development.
3. Building Elevations: The building elevations (Exhibit 1) represent the Owner’s current concept for the style of
architecture, architectural features, colors, finishes and materials, and surrounding landscaping for the project.
As the building design evolves, the city understands and agrees that certain changes in that concept may occur
or be required. If the City determines that any such changes require additional public comment due to potential
impacts on surrounding property or the community, or that such change is a substantial enough change from
the elevations presented to the public, a public hearing shall be held on the proposed changes and notice shall be
provided as may be required by the City. The Owner understands and agrees that any changes or modifications
to the building elevations must be submitted to the City for review and approval prior to construction of such.
4. Stormwater: Strict adherence to the "Caldwell Stormwater Management Manual", as adopted by the city
council as well as any subsequent adopted updates, is required. NOTE: Any modifications necessary to the
original approved stormwater design where additional stormwater retention or detention facilities are required,
or where the approved retention and detention facilities are required to be expanded, still requires adherence to
the requirements for minimum open space, landscape buffers, lot sizes and setbacks.
D. Fire Department Conditions of Approval:
1. Comply with all requirements of the City Fire Department as specified in their memo / email dated 7/9/2024
and shown in Exhibit 2. In addition, all fire code requirements for the following must be strictly adhered to:
a. Access, turnarounds, emergency access, water supply, fire hydrants, etc. shall be met in the
development and/or platting of the subject property.
b. Final approval of the location and number of fire hydrants within the development shall be determined
by the Fire Marshal and take place (by phase) at the time of submittal of applicable construction
drawings for each phase.
E. Engineering Department Conditions of Approval:
1. Comply with all requirements of the City Engineering Department as specified in their memo dated 6/28/2024
and shown in Exhibit 2.
2. Comply with all requirements of the City Mapping Department as specified in their memo / email dated
7/9/2024 and shown in Exhibit 2.
F. Landscaping Specific Requirements:
1. Compliance: The applicant shall comply with all landscaping requirements based on Caldwell City Code.
2. Landscape Plan: The Landscape Plan (Exhibit 1) represents the approved landscape plan. Any changes to
the landscape plan must be submitted to the City for review and approval prior to installation.
3. If the City determines that any such changes require additional public comment due to potential impacts on
surrounding property or the community, or that such change is a substantial enough change from the
landscape plan presented to the public, a public hearing shall be held on the proposed changes and notice
shall be provided as required by the City.
4. Landscape Maintenance: All landscaping and screening devices shall be maintained in an attractive, live, safe
and healthy manner.
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5. Subdivisions: The home owner’s association is responsible for maintaining all common area landscaping
and screening devices within a subdivision, development, and/or the subject property.
6. Parking Lot Landscaping: Linear grouping of parking spaces shall not exceed twelve (12) in a row, without
the installation of an interior landscape planter island. Landscape planter islands shall contain a minimum of
sixty (60) square feet of area when serving a single row of parking. Landscape planter islands shall contain a
minimum of one hundred twenty (120) square feet of area when accommodating a double row of parking
spaces. Islands shall contain a minimum of one Class 1 or 2 tree and shall be covered with a combination of
low shrubs, lawn or other vegetative or nonvegetative ground cover if wet landscaping is utilized. If dry
landscaping is utilized, the island shall be covered with rock ground cover and a minimum of one boulder
and there shall be no requirement for vegetation. Class 3 trees are prohibited in the interior planter islands.
7. Street Landscape Buffers: The street landscape buffers shall contain a mixture of sod, trees (deciduous and
evergreen), shrubs, lawn, vegetative and non-vegetative ground cover so that the entire buffer area is covered.
Plantings shall meet or exceed the minimum plant sizes as follows:
TYPE MINIMUM (at planting)
Sod Grass 70% of the buffer area
Evergreen trees 6-to-7-foot in height
Ornamental trees 2-inch caliper
Shade trees 2-inch caliper
Shrubs 2-gallon
Perennials 2-gallon
Ground Cover 1-gallon
G. Development Specific Requirements:
1. Cluster Mailboxes: The development shall utilize cluster mailboxes for delivery of mail. Individual mailboxes
shall not be allowed. A cluster mailbox placement plan shall be submitted to the Planning and Zoning department
showing coordination with the United States Postal Services prior to submitting the construction drawings.
2. Development Construction Signage: At the time of development a "rules and regulations" sign shall be posted
and maintained at the entryways to the project until it is fully developed and build out is complete. The signs
would be intended for subcontractors performing work and should include: a) no dogs; b) no loud music; c) no
alcohol or drugs; d) no abusive language; e) disposal of personal trash and site debris; f) daily cleanup of any mud
and/or dirt that is deposited from the construction parcel onto streets; g) installation of a temporary construction
fence that would keep debris from being blown off site by the wind; h) no burning of construction or other debris
on the property.
3. Approved Development Name. No changes to an approved development name shall occur unless a request is
initiated through the filing of an application for a “Subdivision Name Change Request”, and subsequently
reviewed and approved the Mapping and Planning and Zoning Department, at an administrative staff level. In
making application, the application shall file a completed application with the Planning and Zoning Department
on forms prescribed by the department accompanied by such data and information necessary to assure the fullest
presentation of facts, as determined by the Planning Director.
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4. Approved Street Names and Street Layout. No changes to the original approved street names or street layout and
configuration, shall occur without prior approval from the City of Caldwell Mapping Division. Any substantial
changes from what was originally approved may require additional public hearings.
H. Planned Unit Development Specific Requirements:
1. PUD Ownership: A planned unit development shall be under single ownership/control during the planning
and developmental stage to ensure that the development can be accomplished in a unified manner.
2. PUD Amenities: 50% of the amenities shall be completed with the first 80% of building permits issued for
the entire development. All amenities shall be completed prior to the final landscape inspection for street
buffers and open space.
3. PUD Expiration: The completion of the first phase of a planned unit development shall take place within
three (3) years of the signature date on the order of decision approving the planned unit development or said
approval shall become null and void. For each phase after the first phase there shall be an allowed one year
time frame per phase for completion. Should any phase not be completed within its one year time frame,
approval on the uncompleted portion of the planned unit development shall become null and void.
Exceptions to the time frames may be granted at the time of original approval of the planned unit
development, provided said exceptions are requested in the initial application.
These Findings of Fact, Conclusions of Law and Decision are approved and adopted by the Caldwell City Council on this 7th day of October 2024.
_____________________________________ Jarom Wagoner, Caldwell Mayor ATTEST:
_____________________________________ Debbie Geyer, Caldwell City Clerk
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EXHIBITS
Exhibit 1: Application Documents
• Application(s)
• Project Narrative
• Vicinity Map
• Site Plan
• Landscape Plan
• Building Elevations
• Housing Exhibit
• TIS Updated Summary Page
• Neighborhood Meeting Letter
• Neighborhood Meeting Mailing List
• Neighborhood Meeting Sign-In Sheet Exhibit 2: City Department Conditions of Approval and Comments
• City of Caldwell Engineering Department
• City of Caldwell Fire Department
• City of Caldwell Mapping Department
Exhibit 3: Agency Notification and Comments
• Copy of Public Agency Notification Sent
• List of Public Agencies Notified
• Agency Comments Received o Caldwell School District o Pioneer Irrigation District
Exhibit 4: Public Comments
• David and Patricia Henderson
• David and Patricia Henderson
Exhibit 5: Minutes of the Hearing Examiner/Commission Public Hearing
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EXHIBIT 1:
APPLICATION DOCUMENTS
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EXHIBIT 2:
CITY DEPARTMENT COMMENTS AND CONDITIONS OF APPROVAL
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EXHIBIT 3:
COPY OF AGENCY NOTIFICATION LETTER SENT, LIST OF AGENCIES
NOTIFIED, AND AGENCY COMMENTS
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PUBLIC AGENCY NOTIFICATION LIST The following political subdivisions, including schools, were notified of the application requests. A link to the full application packet was provided to each agency. City of Caldwell Engineering Department City of Caldwell Engineering Inspections City of Caldwell Fire Chief City of Caldwell Fire Marshall City of Caldwell Building Department City of Caldwell Police Chief
City of Caldwell Lieutenant Wright City of Caldwell Mapping Department City of Caldwell Code Compliance Division
City of Caldwell Economic Development City of Caldwell Airport City of Caldwell Water Department
Vallivue School District #139 Caldwell School District #132 Pioneer Irrigation District Riverside Irrigation District Canyon Hill Irrigation Franklin Ditch Co. Nampa-Meridian Irrigation Dist. Black Canyon Irrigation District Golden Gate Irrigation Caldwell Lateral Irrigation Wilder Irrigation District
Compass Idaho
Caldwell Transportation Brown Bus Company Canyon Highway District #4
Nampa Highway District #1 Idaho Transportation Department Valley Regional Transit
Canyon County Development Services Canyon County Plat Room City of Nampa Planning and Zoning
Boise Project Board of Control Southwest District Health Idaho Power Intermountain Gas DTG Maps ( only for final plats) Boise River Flood Control Dist. #10 Bureau of Land Management Bureau of Reclamation - Snake River Area Office
Corps of Engineers Idaho Fish and Game Department of Water Resources
College of Idaho Department of Lands USPS Caldwell
Union Pacific Railroad Hilty, Bower, Haws & Seable
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EXHIBIT 4:
PUBLIC COMMENTS
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EXHIBIT 5:
MINUTES OF THE HEARING EXAMINER HEARING